Probate in Lancaster County, Nebraska: 2026 Guide

Lancaster County is located in Nebraska with a population of approximately 332,857. The Lancaster County Court handles probate and estate matters for decedents who were domiciled in the county at the time of death. Probate filings go to the court's Probate, Adoption & Condemnation Division.

Nebraska probate is governed by the Nebraska Probate Code (Neb. Rev. Stat. § 30-2201 et seq.). There are two main tracks:

• Informal probate or informal appointment is the usual starting point for uncontested estates. You file an application with the county court registrar, and there is usually no hearing. If there is a will, you apply for informal probate of the will and appointment of a personal representative. If there is no will, you apply for informal appointment of a personal representative.
• Formal probate is a petition decided by a judge after notice to interested people and a hearing. It is generally used when the estate is contested or complex — for example, when the will's validity is disputed, the will can't be found, or someone without priority wants to serve as personal representative.

Once appointed, the personal representative receives Letters of Personal Representative, which give them authority to act for the estate.

Nebraska offers a simplified procedure for small estates. If the value of the entire estate, less liens and encumbrances, does not exceed $100,000, successors may use an Affidavit for Transfer of Personal Property without Probate after a 30-day waiting period.

Nebraska does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.

This guide provides an informational overview of the Lancaster County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Lancaster County Court — Probate, Adoption & Condemnation Division

Probate matters in Lancaster County are handled by the County Court's Probate, Adoption & Condemnation Division.

Address: 575 S 10th Street, 2nd Floor, Lincoln, NE 68508

Phone: 402-441-7443 (Probate, Adoption & Condemnation Division)

Fax: 402-441-6055

County Court main line: 402-441-7291

Hours: Monday through Friday, 8 a.m. to 4:30 p.m.

The clerk's office can explain filing procedures and tell you which documents to bring, but court staff cannot give legal advice.

Parking and Access

Metered street parking is available along 10th Street and surrounding blocks. Visitors must pass through security screening upon entering the courthouse.

Step 1: Determine If Probate Is Necessary

Before filing, check whether you need to open a probate case at all:

• Small Estate Affidavit: If the estate is valued at $100,000 or less (personal or real property), you may be able to transfer assets via affidavit after 30 days.
• Transfer on Death: Assets with named beneficiaries or Transfer on Death (TOD) designations bypass probate.
• Trust administration: Assets held in a living trust generally do not require probate.

Step 2: Choose Informal or Formal Probate

• Informal (the usual path for uncontested estates): You file an application with the county court registrar. There is usually no hearing.
• Formal (for contested or complex estates): You file a petition, notice is given to interested people, and a judge decides the matter after a hearing. Consider talking with an attorney if your situation calls for formal probate.

Step 3: File the Application (Informal Probate)

File the application that matches your situation with the Lancaster County Court:

• If there is a will: Application for Informal Probate of Will and Appointment of Personal Representative
• If there is no will: Application for Informal Appointment of Personal Representative

Nebraska does not publish a statewide fillable PDF for either application. Request the current probate packet from the Lancaster County Court clerk (402-441-7443).

According to the Nebraska Judicial Branch's informal probate flowchart, the application is filed at least 120 hours (5 days) after death. Documents commonly filed with or soon after the application include:

• The original will and any codicils (if there is a will)
• Notice of Informal Probate and Notice to Creditors, for publication
• The Registrar's Statement and Letters of Personal Representative, for the registrar's or judge's signature
• Acceptance of Appointment by the personal representative
• Renunciations or nominations from others with equal priority (if applicable — see "Who Can Serve" below)
• The filing fee

Nebraska courts generally require attorneys to e-file; self-represented filers may file on paper at the clerk's office.

Step 4: Provide Notice

After appointment, the personal representative must:

• Mail notice of the appointment to heirs, beneficiaries, and other interested parties, and file an affidavit of mailing.
• Publish notice in a newspaper of general circulation in Lancaster County for three successive weeks to notify creditors.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

• Allow the creditor claim period to run (claims are generally barred 2 months after the first publication)
• Inventory all estate assets within 3 months of appointment
• Address Nebraska inheritance tax, which is determined through the county court
• Pay valid creditor claims
• File federal and state tax returns as needed
• Distribute assets to beneficiaries
• Close the estate, either informally (by verified statement) or formally (by petition and hearing)

Who Can Serve as Personal Representative

Nebraska law (Neb. Rev. Stat. § 30-2412) sets an order of priority for who may be appointed:

1. The person named in a probated will
2. A surviving spouse who is a beneficiary under the will
3. Other beneficiaries under the will
4. The surviving spouse
5. Other heirs
6. Any creditor, but only 45 days or more after the death

In practice, for an informal appointment when there is no will, a surviving spouse who is an heir has priority over other heirs. When two or more people share the same priority (for example, several adult children), those who don't want to serve must either renounce in writing or join in nominating the person applying. Appointing someone who doesn't have priority generally requires formal proceedings before a judge. A personal representative must be at least 19 years old.

Lancaster County-Specific Procedures

• E-filing: Attorneys are required to use the Nebraska Trial Court eFiling system. Self-represented filers may file paper documents.
• Inventory: An inventory of estate assets is due within 3 months of the personal representative's appointment.
• Publication: Notice must be published in a newspaper of general circulation in Lancaster County for three successive weeks.

Always check with the Lancaster County Court clerk for the most current local procedures.

Filing Fees (Lancaster County)

• Informal probate filing: base fee of about $22 plus court costs; confirm the current total with the clerk. The Nebraska Judicial Branch publishes the statewide county court fee schedule.
• Formal probate: fees are set on a sliding scale based on the value of the estate.
• Certified copies: small per-certificate and per-page charges apply; ask the clerk.
• Publication costs: vary by newspaper; ask the newspaper for a quote.
• Credit card payments: a surcharge may apply.

Nebraska law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage of the estate.

Estimated Timelines

• Simple estates (no disputes, limited assets): 6-9 months
• Average estates: 9-15 months
• Complex or contested estates: 18 months to 2+ years

The creditor claim period is 2 months following the first publication of notice, which sets a minimum duration for the process.

Lancaster County Court Resources

• Probate, Adoption & Condemnation Division: Lancaster County directory listing
• Probate Self-Help: Nebraska Judicial Branch Self-Help: Estates
• Informal Probate Flowchart: Nebraska Judicial Branch AD 2:26
• Filing Fees: Nebraska Judicial Branch Filing Fees and Court Costs
• Who Can Serve: Neb. Rev. Stat. § 30-2412

Legal Aid and Attorney Referrals

• Nebraska State Bar Association: (402) 475-7091 — Professional association for attorneys.
• Legal Aid of Nebraska: (877) 250-2016 — Provides legal assistance to low-income residents.
• Nebraska Find a Lawyer: nefindalawyer.com

Publication

• Lincoln Journal Star: (402) 475-4200 — Major daily newspaper.
• The Voice News: (402) 792-2255 — Local weekly newspaper.